City of Concord Municipal Code
Chapter 2, Article VIII
PURCHASING
Section 2-641. Purpose. The purpose of this chapter is to establish
a policy to achieve maximum economy and efficiency in the purchase or sale
of supplies, services, and equipment, to include bidding regulations and the
disposal of surplus materials, and to define the authority for the purchasing
and contracting function.
(Ord. 1001)
Section 2-642. Definitions. For purposes of this chapter, unless
the context clearly indicates otherwise, the following words and phrases have
the meanings given in this section:
(Ord. 1001)
Quality. A quality achieved through appropriate specifications and
inspection of supplies and services received for conformance to specifications;
(Ord. 1001)
Quantity. The result of evaluating a combination of the factors of
consumption, delivery schedules, and prices;
(Ord. 1001)
Price. Obtaining, with competition from vendors and contractors,
the best value possible for the quality and quantity needed, the service required,
the service to be rendered, and the delivery date;
(Ord. 1001)
Value. A concept to be applied in determining the lowest responsible
bidder, which includes price, quality, quantity, and the ability of the bidder
to perform the contract or order and to provide future maintenance or repairs;
(Ord. 1001)
Supplies. Includes all supplies and materials;
(Ord. 1001)
Equipment. Includes all equipment, tools, furnishings, and fixtures;
(Ord. 1001)
Services. Includes labor, professional, and consulting services,
except employment contracts pursuant to a budget-authorized position.
(Ords. 1001, 92-9)
Professional Services. Includes but are not limited to the services
of architects, engineers, attorneys, and other consultants.
(Ord. 92-9)
Section 2-643. Authority.
(a) The City Council shall approve and authorize the execution of contracts
for any public projects as described in Sections 20160 et seq. of the Public
Contracts Code.
(Ords. 1001, 89-8, 92-9)
(b) City Council or Redevelopment Agency Board approval shall be required
for all consulting or professional services contracts or purchase orders which
provide for remuneration to the same contractor exceeding Twenty Thousand
Dollars ($20,000.00) within any twelve (12) month period, regardless of funding
source or type of service, with the following exceptions:
(Ords. 1001, 1225, 89-8, 92-9)
(1) Consulting or professional services contracts necessitated by an emergency
may be approved and executed by the City Manager, or his/her designee. Such
contracts shall be presented for Council confirmation following City Manager
approval.
(Ord. 92-9)
(2) The Director of Parks and Recreation may enter into and execute,
on behalf of the City of Concord, any and all contracts for a specific
event to be presented at the Concord Pavilion or other performing
arts facilities (including acts, artists, attractions, entertainers,
technicians, instructors, stagehands, personal services, supplies,
sponsors, and concessions) and contracts for instructors of fee
classes.
(Ord. 92-9)
(3) Legal services for defense of claims or lawsuits covered by Contra Costa
County Municipal Risk Management Insurance Authority may be authorized by
the City Attorney.
(Ord. 92-9)
(c) The City Manager serves as Purchasing Officer of the City, as prescribed
in Subsection 2208 F of the Concord Municipal Code, and, subject to Subsections
2313 A and B and the availability of funds, may award and execute any contract
or purchase order for supplies, services, or equipment, or any combination
thereof, may declare supplies or equipment as surplus; and may assign purchasing
duties to other City employees.
(Ords. 1001, 1225, 89-8, 92-9)
(d) The City Attorney shall approve, as to form, all contracts (excluding
purchase orders), faithful performance bonds, and labor and materials bonds.
(Ords. 1001, 85-14, 89-8, 91-9, 92-9)
(e) The Director of Finance and Management Services, or designated representative,
shall endorse upon all contracts, purchase orders, or other applicable documents
that funds are available.
(Ords. 1001, 89-8, 91-9, 92-9)
(f) The Purchasing Officer may delegate and/or assign to other City employees
authority to:
(Ords. 1001, 1225, 89-8, 92-9)
(1) Solicit bids as necessary;
(Ords. 1001, 1225, 92-9)
(2) Execute purchase orders except for those designated in Subsection 2313
A above; and
(Ords. 1001, 1225, 89-8, 92-9, 95-1)
(3) Sell, trade in, or otherwise dispose of supplies or equipment declared
to be surplus or obsolete.
(Ords. 1001, 1225, 92-9)
(g) The original of all contracts entered into by the City, except for specific
entertainment event contracts at the Concord Pavilion, the Willows Theatre,
or other performing arts facilities, fee class instruction contracts, and
purchase orders shall be provided to and retained by the City Clerk's Office.
(Ords. 1147, 1225, 89-8, 91-9, 92-9)
Section 2-644. General Policy; Emergency Purchases
(a) Purchases shall be made in the quality, quantity, and at the price needed
to fulfill but not exceed the using department's requirements.
(Ord. 1001)
(b) It is recognized that emergency situations may arise that affect the
public health, welfare, and safety and require purchases without resorting
to this policy. The City Manager is authorized to establish conditions whereby
department heads shall be authorized to purchase supplies, equipment, and
services to remedy limited emergency conditions.
(Ords. 1001, 89-8)
Section 2-645. Bidding Regulations for Purchases Over Ten Thousand Dollars ($10,000.00) that are not Public Projects
(a) Advertising for Bids. Where the cost of services, supplies, and/or
equipment required by the City exceeds the sum of Ten Thousand Dollars ($10,000.00)
exclusive of sales or use tax, the Purchasing Officer shall call for bids
by posting at Civic Center or other designated location, or by advertising
at least once in a daily newspaper of general circulation circulated in the
City or County of Contra Costa not less than five (5) calendar days prior
to the date set for opening bids.
(Ord. 1001)
(b) Bidder's Security. The Purchasing Officer may require the bidder
to submit bid security.
(Ord. 1001)
(c) Opening of Bids. All sealed bids, identified as such on the envelope,
shall be submitted to the Purchasing Officer or other designated representative.
Bids shall be opened in public at the time and place stated in the call for
bids.
(Ord. 1001)
(d) Rights Reserved. The City reserves the right to reject any or
all bids and to waive informalities, minor irregularities, and minor variations
from specifications in bids received. The City may accept any item or group
of items of any bid which will produce the most satisfactory results suited
to the City's requirements.
(Ord. 1001)
(e) Award of Contract. The contract shall be awarded to the lowest
responsible bidder. In determining the "lowest responsible bidder",
the City will apply the best value concept. Criteria for determining low bids
shall include, but not be limited to, the following:
(Ord. 1001)
(1) The ability, capacity, and skill of the bidder to perform the contract
or provide the supplies, services, or equipment required;
(Ord. 1001)
(2) The ability of the bidder to provide the supplies, services, or equipment
promptly or within the time specified without delay or interference;
(Ord. 1001)
(3) The character, integrity, reputation, judgment, experience, and efficiency
of the bidder;
(Ord. 1001)
(4) The quality of the bidder's performance on previous purchases or contracts
with the City;
(Ord. 1001)
(5) The ability of the bidder to provide future maintenance, repair, parts,
and services for the use of the supplies purchased.
(Ord. 1001)
(f)No Responsible Bids. If no responsible bids are received, the
services performed or the supplies or equipment furnished may be obtained
without further competitive bidding.
(Ord. 1001)
(g) Forfeiture of Bid Security. The contract shall be signed by the
successful bidder and returned, together with any contract bonds, within ten
(10) calendar days after the contractor has received the contract. Failure
to execute a contract and file acceptable bonds and certificates of insurance
as provided herein shall be just cause for the annulment of the award and
the forfeiture of the bidder's security.
(Ord. 1001)
(h) Disposition of Bid Security. All bid securities and bid bonds
of the unsuccessful bidders shall be returned at a time to be determined by
the Purchasing Officer.
(Ord. 1001)
Section 2-646. Waiver of Bidding Regulations. Bidding regulations
may be waived by the Purchasing Officer, except as otherwise provided by law,
when:
(Ord. 1001)
(1) The public health, welfare, and safety of the City requires that an order
be immediately placed with a source of supply;
(Ord. 1001)
(2) There is only one (1) vendor for the product;
(Ord. 1001)
(3) Participating with other governmental jurisdictions or public agencies;
(Ord. 1001)
(4) Contracts or purchase orders involve the obtaining of professional or
specialized service, such as but not limited to services rendered by architects,
attorneys, engineers, and other specialized consultants.
(Ord. 1001)
